Monday, March 30, 2015

PA Supreme Court Holds That Evidence of Informed Consent Not Always Admissible in Med Mal Context

In the medical malpractice case of Brady v. Urbas, No. 74 MAP 2014 (Pa.  March 25, 2015)(Op. by Saylor, C.J.), the Pennsylvania Supreme Court ruled that evidence that a patient affirmatively consented to treatment after being informed of the risks of that treatment is generally irrelevant to a cause of action sounding in medical negligence. 

In other words, the Court ruled that evidence of informed consent is irrelevant in a medical malpractice case in which there is no allegations presented specifically with respect to informed consent.

The rationale is that the simple fact that a patient was aware of the risks of the treatment prior to agreeing to undergo the same is not a defense against a medical provider's allegedly negligent conduct.

This case can be read online HERE.

I send thanks to Attorney Scott Cooper of the Harrisburg, PA office of Schmidt Kramer for bringing this case to my attention.

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